COMMISSION OF THE EUROPEAN COMMUNITIESaei.pitt.edu/46802/1/COM_(95)_415_final.pdfguarantee road...

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COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 08.09.1995 COM(95) 415 final 95/0226 (SYN) PROPOSAL FQR A COUNCIL DIRECTIVE ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES RELATING TO ROADWORTHINESS TESTS FOR MOTOR VEHICLES AND THEIR TRAILERS (Consolidation with amendments) (presented by the Commission)

Transcript of COMMISSION OF THE EUROPEAN COMMUNITIESaei.pitt.edu/46802/1/COM_(95)_415_final.pdfguarantee road...

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COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 08.09.1995 COM(95) 415 final

95/0226 (SYN)

PROPOSAL FQR A COUNCIL DIRECTIVE ON THE APPROXIMATION OF THE LAWS OF THE MEMBER STATES

RELATING TO ROADWORTHINESS TESTS FOR MOTOR VEHICLES

AND THEIR TRAILERS

(Consolidation with amendments)

(presented by the Commission)

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EXPLANATORY MEMORANDUM

A. GENERAL

1. Council Directive 77/143/EEC1, as last amended by Commission Directive 94/23/EC 2, covers roadworthiness tests for motor vehicles and their trailers (buses, coaches, heavy goods vehicles, trailers, semi-trailers, taxis, ambulances, light commercial vehicles and private cars). It lays down the intervals at which the tests must be carried out and lists the items that have to checked.

2. The installation in certain categories of vehicles, and use in the Community, of speed limitation devices was made mandatory by Council Directive 92/6/EEC3.

3. The purpose of this proposal is to amend Directive 77/143/EEC :

- to include the effective and regular testing of speed limitation devices installed on certain categories of heavy goods vehicles and buses4 in order to ensure that the maximum harmonized settings of the devices which have been fitted in order to limit the speed of the vehicles concerned cannot be exceeded and that the devices function properly;

- to clarify the situation with regard to the vehicles of historical interest. Although historic vehicles fall under the provisions of Article 2 (3) of Directive 77/143/EEC, the right of Member States to establish their own requirements should be recognized for all the standards not only for braking efficiency;

- to transfer category 4 (Taxis and ambulances) from the left column to the right one (with categories 5 and 6) in Annex H.

Simultaneously, the opportunity should be taken to consolidate5 the oft-amended text of Directive 77/143/EEC.

For this reason the official consolidation is replaced by amendments redrafted into a single text.

OJN* L47, 18.2.1977, p. 47.

OJ N* L 147, 14.6.1994, p. 6.

OJN' L57, 2.3.1992, p. 27.

Included in the Commission's legislative programme (point 215) for 1994.

Included in the Commission's legislative programme (Annex II) for 1994.

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B. JUSTIFICATION FOR AN ACTION AT COMMUNITY LEVEL

I. Subsidiarity

(a) What are the main objectives of the proposed action in relation to the Community's obligations ?

Community legislation is necessary to :

provide for the testing of the speed limitation devices whose installation and use are mandatory from 1 January 1994 for lorries of over 12 tonnes and buses and coaches of over 10 tonnes;

guarantee that the vehicles are sufficiently regulated and maintained to guarantee road safety;

avoid distortion of competition between road hauliers due to differences in the roadworthiness tests carried out by the different Member States.

Simultaneously, there is need to clarify the legal position by replacing the oft-amended Directive 77/143/EEC relating to roadworthiness tests for motor vehicles and their trailers with a single consolidated text.

(b) Does competence for the planned activity lie solely with the Community or is it shared with the Member States ?

Jurisdiction is shared since this is a technical harmonization measure based on Article 75, paragraph 1(c) of the Treaty.

(c) What is the Community dimension of the problem (for example, how many Member States are involved and what solution has been used up to now) ?

In the absence of common standards applicable by the Member States, speed limiter devices would not be checked or would be checked only on the basis of national standards which would necessarily vary from one Member State to another. This would mean uncertainty about whether safety standards were being met and result in unequal treatment of road hauliers.

(d) What is the most effective solution taking into account the means available to the Community and those of the Member States ?

see points B.(f) and (g) below.

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(e) What real added value will the activity proposed by the Community provide and what would be the cost of inaction ?

As stated in point B.(c) , the absence of common standards would mean uncertainty about whether safety standards were being met and unequal treatment of road hauliers.

If each Member State would be free to decide whether or not to implement its own criteria on roadworthiness tests, this would raise barriers to the free movement of the road vehicles concerned.

Also, in the interests of effectiveness, existing Community law on roadworthiness tests for road vehicles should be amended.

(f) What forms of action are available to the Community (recommendation, financial support, regulation, mutual recognition, etc ...) ?

& (g) Is it necessary to have a uniform regulation or is a directive setting out the

general objectives sufficient, leaving implementation at the level of the Member States?

A constraining instrument is essential to round off the body of current Community law and guarantee the same level of safety and environmental quality in all the Member States. The most appropriate instrument would be a directive amending the basic directive.

II. Reasons for Consolidation

When considering how Community law could be made simpler and more transparent, Parliament, the Commission and the Council found themselves confronted with an over­abundance of legislative instruments which had been amended several times, often substantially, and unanimously agreed on the need for a working method which would use legislative consolidation as a means of achieving greater clarity and transparency.

On 1 April 1987 the Commission therefore decided to instruct its staff that all legislative measures should be consolidated after no more than ten amendments, stressing that this was a minimum requirement and that departments should endeavour to consolidate at even shorter intervals the texts for which they were responsible, to ensure that the Community rules were clear and readily understandable.

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The attached proposal of the Commission for a consolidation of Council Directive regroups in a single text Council Directive 77/143/EEC on the approximation of the laws of the Member States relating to roadworthiness tests for motor vehicles and their trailers and its successive amendments :

- Council Directive 88/449/EEC - Council Directive 91/225/EEC - Council Directive 91/328/EEC - Council Directive 92/54/EEC - Council Directive 92/55/EEC - Commission Directive 94/23/EC.

It has been drafted up in accordance with the fundamental principles agreed by Council, Parliament and Commission in 1974; it aims at legislative consolidation: the existing directives would be replaced by one new version, which would leave their substance untouched but would assemble them into a single text, with only the formal amendments required by the operation itself.

As in the past the text supplied here is collated from the original Directives as published in the Official Journal: the use of photocopies means that any improvements to the wording are immediately identifiable. The old numbering of the Articles has been retained in the margin for ease of reference, the new numbering being entered above the Articles.

Annex IV contains a correlation table relating the old system of numbering to the new. In order to preserve the dates for transposition and implementation of all the Directives concerned, a new Annex HI, Part B lists the deadlines for transposition and implementation of each of the directives now being repealed.

C. SCOPE OF THE PROPOSAL

As pointed out under A, there is a need to consolidate legislation into a single, clear Directive.

In addition, speed limitation devices should be included as soon as possible in the list of items which must be checked at the annual roadworthiness test.

Moreover, it is necessary to clarify the situation with regard to the vehicles of historical interest.

Finally, as regards taxis and ambulances (category 4), as the technical requirements - and thus the items to be checked - are the same as for private cars, the opportunity is taken to transfer category 4 from the left column to the right one (with categories 5 and 6) in Annex II.

The objective of the proposed new Directive is, therefore, to satisfy these needs.

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D. CONTENTS OF THE PROPOSAL

As pointed out under A the proposal is both a consolidation of existing Directives and an extension of their scope.

The following articles or sections (in italics within the proposal) are modified or new and will modify the current situation as follows:

Article 4 paragraph 3 gives the right to Member States to apply their own testing requirements (not only for braking efficiency)for all the standards regarding historic vehicles

Article 11 sets the date of the entry into force of the changes and inclusion of the speed limiter device in the list of items that have to be checked (the deadlines of the replaced directives being protected).

Annex H transfers from the left column to the right one (with categories 5 and 6) the category 4 (Taxis and ambulances);

Annex H, sub paragraph 7.9. which relates to the 'tachograph presence and integrity of seals' should be expanded because speed limitation devices are usually activated by the EC recording equipment .(tachograph) in the vehicles.

Annex H, sub paragraph 7.10 tided 'speed limitation device' is added and under this heading the required inspection would be described in three indents.

The following articles or annexes are new but deal solely with the consolidation of the

text:

Article 10 repeals the old Directive.

Annex HI lists the repealed Directives and those that still apply.

Annex IV correlates the new Directive with the pre-consolidated texts that make it up.

E. THE IMPACT OF BUSINESS

The adoption of measures making compulsory the regular testing of the speed limitation devices will not have an effect on employment nor on the cost of the technical inspection of the vehicle. It will not involve the creation of new firms either. On the other hand, this proposal will equalise the conditions of competition by standardizing on the type of test to be applied.

F. INTEREST FOR E.E.A

In accordance with Article 99 of the EEA agreement, EFTA countries were consulted and agreed with the principle of this proposal.

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G. CONSULTATION

List the organisations which have been consulted about the proposal and outline their main views

All Member States roadworthiness testing authorities Certain EFTA Countries The Approved Organizations for the roadworthiness vehicle test (CITA, DEKRA, TÛV) The major private testing organizations The International Associations representing the European Motor Manufacturing Industry (ACEA) The European Garage Equipment association Organizations representing Motor Trades and Repairs (Cecra, Clepa, Groeneveld Transport Efficiency, Mannesmann Kienzle) The International Association representing all users of vehicles (IRU)

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Proposal for a Council Directive

on the approximation of the laws of the Member States

relating to roadworthiness tests for motor vehicles and their trailers

THE COUNCIL OF THE EUROPEAN UNION

Having regard to the Treaty establishing the European Community, and in particular Article 75

thereof,

Having regard to the proposal from the Commission1,

in cooperation with the European Parliament2,

Having regard to the opinion of the Economic and Social Committee3,

Whereas Council directive 77/143/EEC of 29 December 1976 on the

approximation of the laws of the Member States relating to

roadworthiness tests for motor vehicles and their trailers4 has been

substantially amended and on a number of occasions; whereas, on

occasion of further amendments, the said directives should, for

reasons of clarity, be redrafted in an single text;

OJN' c

OJN' c

OJN* c

OJ N" L47, 18.2.1977, p. 47. Directive as last amended by Directive N" 94/23/EC (OJ N" L 147, 14.6.1994, p. 6).

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Wlicrcas , /// (he framework of the common transport policy, '-' u l ,crc ' , s

Directive 77/I4J/HEC certain road traffic

within the Communj ty should ope ra t e under the ('"° most favourable cicumscances as regards both safety and competitive condirk)ns app ly ing to carriers in the Member States;

Whereas the growth of road traffic and the resultant - n c r c a s

increase -in danger and nuisances presen t a<13 Member Directive 77/143/EEC States with safety p rob lems of a s imilar na ture and

seriousness;

3rd Whereas

Directive 91/225/EEC Whereas the present s tandards and methods of testing vary from one Member State to another and this si tuation affects the equivalence of safety and environmental performance levels of tested vehicles opera t ing in the Member States; whereas, moreover, this s ta te of affairs is likely to have an influence on the conditions governing competi t ion between transport undertakings of the various Member States;

Whereas it is therefore necessary t o harmonize as A{ix Where" far as is practicable the f requency of tests and the Directive 77/143/EEC compulsory items to be tes ted;

7ih Whereas Whereas testing during the life cycle of a vehicle should be relatively simple, quick and inexpensive; D i r e c l , v < 92/55/EEC

4th Whereas Whereas the minimum C o m m u n i t y s tandards and.methods

, , , . , / . , . . i- . • Directive 91/225/EEC to be used for testing the roadworthiness of the items listed tn Annex II * should therefore be defined in separate directives adopted by the Council;

Whereas, as a transitional measure, nat ional standards >^ Whereas remain applicable in respect of items not covered by separate Directive 91 /225/EEC directives;

Whereas it must be possible to adapt rapidly to technical 6 l h yvhereas progress the standards a n d methods laid d o w n in the separate directives and, in order to facilitate implementation of the Directive 91/225/EEC measures required for this purpose , to establish a procedure ( f i r s t S e n t e n c e ; for close cooperation between the Member States and the

Comnvission within a Commi t t ee on the Adaptat ion to Technical Progress of Roadwor th iness Tests ; • __; — '

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whereas ——,, in regard to braking systems, 7th whereas it would be premature to set values for '• Directive 92/54/EEC

~ ;;. 2 i r pressure settings and ,._ ,.

build up times, etc. given the variance in test equipments and methods within the Community; •

Whereas it is the intention to further amend this Direc- 8«h Wheras

tive so as to include a harmonious and improved test Directive 94/23/EC methodology;

_ . . 5th Whereas Whereas, unti l such t ime there are harmonized tes tpcoce- Directive 94/23/EC

i dures and practices, Member States may use. their judge-1 m e n t as to the test procedure they use to establish

whether the vehicle in question meets the braking requi­rements ;

6th Whereas

Whereas, it is recognized by all concerned with vehicle Directive 94/23/EC testing that the method of testing and, in particular whether the vehicle/is tested in a laden, part laden or unladen condition, influences the degree of confidence testers have as to the roadworthiness of the braking system ;

7th Whereas

Whereas the prescription of brake force reference values Directive 94/23/EC for various laden'conditions for each vehicle model would help restore that confidence, whereas this Directive enables testing under this regime as an alternative to testing against m i n i m u m performance values for each vehicle category; • " -

Whereas , as regards OS brake Systems, the scope of this Directive relates 9th Whereas

in the main to vehicles which have been type-approved to the provisions Directive 94/23/EC(first

sentence) 5

of Directive 71/320/EEC , , . . • . . . .. „ al though it is recognized that

• certain types of vehicle have been approved to national •-'•* standards which may differ from the requirements of this '•'-Directive;»'

Whereas Member States may extend the scope of the braking 8 t h W h e ^ s test to include vehicles or test items outside the scope of this Directive 92/54/EEC

II Directive;

Council Directive of 26 July 1971 on the approximation of the laws of the Member States relating to the braking devices of certain categories of motor vehicles and their trailers (OJ AT L 202, 6.9.1971, p. 37). Last amended by Directive 91/422/EEC (OJ N' L 233. 22.8.1991. p. 21).

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9th Whereas Whereas Member States may enhance the severity of the . . . , / f . Directive 92/54/EEC braking test or increase the frequency or testing*,

3rd Whereas

Whereas this Directive is intended to maintain emissions at a Directive 92/55/EEC low level throughout the useful life of a vehicle by means of regular exhaust emission tests and to ensure that vehicles which are major polluters are withdrawn from service until they are brought to a proper state of maintenance;

\Y/h/-r,—«- l , , J . . .„• j . 8th and 9th Whereas wnereas bad tuning and inadequate maintenance are detrimental not only to the engine but also to the Directive 92/55/EEC environment since they cause increased pollution and fuel consumption; Whereas it is important that environment-friendly transport be developed;

10th Whereas

Whereas in the case of compression ignition (diesel engines) Directive 92/55/EEC measurement of the opacity of the exhaust fumes is considered to be an adequate indicator of the condition of the vehicle's state of maintenance, with regard to emission;

' • • , ' 11th Whereas

Whereas for positive ignition petrol engines measurement of Directive 92/55/EEC carbon monoxide emissions from the exhaust pipe when the engine is idling is considered to be an adequate indicator of the vehicle's state of maintenance, with regard to emission;

Whereas the failure rate in exhaust emission tests for vehicles 1 2 t h Whereas which have not been regularly maintained may well be Directive 92/55/EEC high;

13th Whereas

Whereas in the case of petrol-engined vehicles for which the Directive 92/55/EEC type-approval standards specify that they should be equipped with advanced emission control systems such as three-way catalytic conveners which are lambda-probe controlled, the regular emission test s tandards will be more stringent than for conventional vehicles;

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fc/hereas Member States may establish their 9ih Whereas (last sentence) ; own testing standards — —I ——-—— for (modified) . vehicles that are considered Xo be lo i historic interest ; A ,„., „„

-- -. . - , . ,"• •'"•" '"*••-~1--- ••-.•• c . ' • and 10th Whereas Ohereas, in recognizing the right of Member Mates to establish their own standards for historic, vehicles, those Directive 94/23/EC standards sould not be more severe than those which the vehicle was originally designed to meet;'" .

14th Whereas

Directive 92/55/EEC

Whereas this Directive will be adapted from time to time to take account of developments, in vehicle construction which facilitate in-service testing and in test methods which reflect more closely the actual conditions in which a vehicle is

j used*

Whereas Council Directive 92/6/EEC? requires the installation in,

and use of speed imitation devices by, certain categories of road

vehicles;

Whereas speed limitation devices:should be included as soon as

possible in the list of items which must be checked at the annual

roadworthiness test to ensure as far as possible that the harmonized

maximum setting on the speed limiter of a given vehicle cannot be

exceeded;

Whereas at this stage the correct functioning of the speed limitation

device is left to Member States to determine using whatever means

they consider to be appropriate; whereas it is the intention to

harmonize the test procedures and standards in time;

Whereas the Commission will assess the in-service experience of the

correct functioning of the speed limiter and submit a report to the

Council; whereas the conclusions of this report shall form the basis

of any further proposal for requirements for roadworthiness testing

of the speed limitation device if deemed necessary;

Council Directive of 10 February 1992 on the installation and use of speed limitation devices for certain categories of motor vehicles in the Community (OJ N' L 57, 2.3.1992. p. 27).

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Whereas technical requirements related to taxis and ambulances are

analogous with private cars; whereas the items to be checked can

be similar, although the frequency of tests is different;

Whereas in view of the effects of this action on the sector in

question and in the light of the principle of subsidiarity, the

Community measures provided for in this Directive are necessary to

achieve the objective of harmonization of the rules on

roadworthiness tests, to prevent distortion of competition between

road hauliers and to guarantee that vehicles are properly regulated

and maintained; whereas these aims could not be achieved in full by

the Member States acting individually;

Whereas this Directive must not affect the obligations of the

Member States concerning the deadlines for transposition into

national law and for implementation indicated in Annex III, Part B,

HAS ADOPTED THIS DIRECTIVE :

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CHAPTER I

General Provisions

Article 1 Article 1

1. 77/143/EEC

In each Member Srate, motor vehicles registered in that State and their trailers and scmi-traflers shall undergo'periodic roadwonhincss tests in accordance with this Directive and its Annexes; r , „

\ I and II.

2 . . , L. , ' , "•• • Article 2(1) The categories of vehicles; to be tested, the fre­

quency of the tests and the i tems which must be 7 7 / 1 4 3 / E E C tested arc listed in Annexes I and II.

Article 2

Roadworthiness tests within the meaning of this Directive shall be carried out by the State or by bodies or establishments designated and directly supervised by the State.

Article 4

77/143/EEC

Article 3

Member States shall take such measures as they deem necessary to make it possible to prove that a vehicle has passed a roadwonhincss test complying with at tloast the provisions of this Directive.

These measures shall be notified to the Member States and to the Commission.

Article 5(1)

77/143/EEC

Article 5(2)

77/143/EEC

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2. Article 5(3) Each Member State shall, on the same basis as if _

it had itself issued the proof, recognize the proof 77/143/EEC issued in another Member State to the effectjthat a motor vehicle registered in that other State; together with its •': trailer. or semi-trailer, have- passed, a roadwonhincss test complying widi ^ r l ^ s t : the pro­visions of this Directive. •••••' / ^ ^ ^ ^ V / . - '

3 . t LI Article 2

Member States shall apply suitable procedures to establish, as far as practicable,

that the brake performance of the vehicles registered in their territory meet 94/23/EC

requirements specified in

this Directive.

/ • •

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CHAPTER II

Exceptions and derogations

Article 4 Article 2(2)

1 77/143/EFC Member States shall have the right to exclude

from the scope of this Directive vehicles belonging to the armed forces and forces of daw and order.

2 . A r t i c l e 2 (3 ) Member •-"•States.- may, ; after consulting the Co-

r n^sioni cxdude from t h e ^ 7 7 / 1 4 3 / E E C subject to special provisions^ cenain vehicles operated or used in exceptional conditions and vehicles which are never, or hardly ever, used on public highways, or which a^c temporarily withdrawn from circulation.

3 . 1 1 1 . . ; „ " _ , . . . . . A r t i c l e 4 Member States may, after consulting the Commission, establish their own testing standards regarding y 4 / 2 3 / E C vehicles that are considered to be of historic interest.

(modi f i ed )

Article 5 Notwithstanding the provisions of Annexes I and II, Member States may:

— bring forward the date for the first compulsory roadworthiness tests and, where appropriate, sub­mit the vehicle for testing prior to registration,

— shonen the interval between two successive compulsory tests,

— make the testing of optional equipment compulsory,

— increase the number of items to be tested,

— extend the periodic test requirement to other categories of vehicles,

— prescribe special additional tests.

Article 3

77/143/EEC

require higher braking efficiency minima and may include testing against higher laden weights, than those specified in Annex II for those vehicles registered • in their territory, provided such requirements do not exceed those of the vehicle's original type-approval.

Article 3

94/23/EC

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Article 6 By way of derogation from the provisions of Annexes I and II, and until no later than

1 January 1 9 9 3 , Member States may:

— postpone.'^ the date of the first, compulsory roadworthiness test, .

— extend ••the interval between two successive compulsory roadworthiness tests,

— reduce the number of items to be tested,

—;amend rathercateg0nesyor?tvehicles7 ; subject to compulsory roadwonhincss tests, :'

provided that all the

light commercial vehicles referred to in point 5 of Annex I . . _ . _ . . . : _ . A , • . . . . . - _ -

•are required toundergo• - roâclwôrthiness tests in accordance with this Directive before that date.

However, in Member Statcs_where there ~WOS mo system of roadworthiness testing /

comparable to that intended by this Directive for this category

of vehicles as at 26 July 1988, paragraph 1 shall apply until 1 January 1995.

Article 7 (1 )

7 7 / 1 4 3 / E E C

&

Article 1(1)

88/449/EEC

(=> art. 7(2)

77/143/EEC)

2. With regard to the I

private Cars rcfCrred to in point 6

of Annex I, paragraph 1 shall apply until 1 January 1994.

However, in Member States where there—WOS no system of regular roadworthiness testing comparable to that . intended by this Directive for this category of vehicles as at 31 December 1991, paragraph 1 shall apply until 1 January 1998.

Article 1(1)

91/328/EEC

(=* art. 7(3)

77/143/EEC)

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CHAPTER III

Final Provisions

Article 7 Article 1

1. . m . 91/225/EEC The Council, acting by a qualified majority on a

proposal fromthe Conunission, shall adopt the separate (=> a r t . 5 a ( l ) directives necessary to define, the minimum standards and methods for testing the items listed in Annex TL. 7 7 / 1 4 3 / E E C )

2. ..... Article 1 ; Any amendments which are necessary to adapt the q * / 9 9 c / p p p

standards and methods defined in the. separate directives c,tX^ to technical progress shall be adopted in^accordance with , ,+ c /">\

' the procedure laid down ÛT ~ ~ ( a n . Da(ZJ

Article 8 77/143/EEC)

' . •* M . . , , . — , - . - . - I . I — , . . , — , I ' )

1.

Article 8

The Commission shall be assisted by a Commirtce on the Adaptation to Technical Progress of the Directive on Roadworthiness Tests ••"""' ^

for motor vehicles and their trailers, hereinafter referred to as *Committee\ whicK~snall consist of representatives of the Member States . with a representative of the Commission in the chair.

9 The Committee shall adopt its own rules of procedure. " -

Article 1

91/225/EEC

(=* art. 5b(l-2)

77/143/EEC)

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3.

I The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time limit'which the chairman may lay down according "to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148 (2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in the aforementioned Article. The chairman shall not vote.

(à) The Commission shall adopt the -measures envisaged if they are in accordance with the opinion'of the Committee.

(b) If the measures envisaged arc not in accordance with the opinion of the Committee, or if no opinion is delivered, the Commission shall, without delay, submit "to the Council a proposal relating to the measures to be taken. The Council shall act by a qualified, majority.

If, within three months of the submission of the proposal to the Council, the Council has not acted, the proposed measures, shall be adopted by the Commission.

Article 1

91/225/EEC

(=* art. 5h(3-4)

77/143/EEC)

Article 9 Article 3

1* The Commission shall, no later than 31 December 9 1 / 3 2 8 / E E C 1998, submit a report to the Council on the imple­mentation of

roadworthiness testing to private cars, accompanied by any proposal necessary, with particular reference to the frequency and content of tests.

2. It undertakes, at the latest three years after the introduction of

regular testing of speed limitation devices, to examine whether,

on the basis of experience gathered by that time, the tests laid

down are sufficient to detect defective or manipulated speed

limitation devices and whether the rules need to be amended.

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Article 10

The Directives listed in Annex III, Part A are hereby repealed,

without prejudice to the obligations of the Member States

concerning the deadlines for transposition and

implementation set out in Annex III, Part B.

References to the repealed Directives shall be construed as

reference to this Directive and should be read in accordance

with the correlation table set out in Annex IV.

Article 11

1. Member States shall bring into force the laws, regulations and

administrative provisions necessary to comply with this Directive

before 1 January 1996. Theyrshall immediately inform the

Commission thereof.

When Member States adopt these provisions, they shall contain

a reference to this Directive or shall be accompanied by such

reference at the time of their official publication. The procedure

for such reference shall be adopted by Member States.

2. Member States shall communicate to the Commission the texts of

the main provisions of domestic law which they adopt to comply

with this Directive.

Article 12

This Directive shall enter into force on the twentieth day following

that of its publication in the Official Journal of the European

Communities.

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Article 13

This Directive is addressed to the Member States.

Done at Brussels,

For the Council

The President

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ANNEX I

Categories of vehicle Frequency of tests

Annex I, 1. Motor vehicles used for the carriage of One year after the date on wh.ch

passengers and with more than eight ^ v c h i c l c was first used, C a t e g o r y 1

seats, excluding the driver's scat and thereafter annually 7 7 / 1 4 3 / E E C

Annex I,

2. Motor vehicles used for the carriage of One year after the date on which C a t e g o r y 2 goods and having a maximum permis- the vehicle. . was first used, sible weight exceeding 3 500 kg and thereafter annually 7 7 / 1 4 3 / E E C

Annex I,

3. Trailers and semi-trailers with a maxi- One year after the date on which C a t e g o r y 3 mum permissible weight exceeding 3 500 the yehiclc_was_first used, 7 7 / , ^ / p p p k* and thereafter annually / / / l<k)/r i r iC

Annex I,

4. Taxis, ambulances :. On^yca r after the date on which < * e g o r y

t n e vehicle; (was first used, 77 /143 /EEC

and thereafter annually

5 . Motor vehicles-with ^ ^ 1 ( 2 )

at least four wheels, normally used for the 88 /449 /EEC road carriage of Four years after the date goods and with a °.n «* '<* l h c *<*"<** " a s (=> Annex I, maximum permissible first u s c d - a n d hereafter weight not exceeding c v c r y t w o V c a r s - category 5 ,

3 500 kg, excluding 77 /143/EEC) agricultural tractors and machinery .

s w u- i A t A r t i c l e 1 ( 2 ) 6. Motor vehicles used for _ ,

, , , Four years alter the road carnage of ^ ^ ^ Q n w h i c h 91 /328 /EEC passengers and with not - . ^ ^ . ^ w a $

more than eight seats C - . A A C-* Annex 1, . . . , a , . first registered, and

excluding the drivers , f

s e a t B thereafter every category 6,

two years. 77 /143 /EEC)

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ANNEX II ANNEX II

intr. note (1)

The test shall cover at ' least the items listed , be io w ; provided that these are related to the 77/143/EEC obligatory equipment of the vehicle being tested in the Member State concerned.

Article 1(1)

The tests covered by this Annex may be carried out visually without disassembly of vehicle pans. 92/54/EEC

Article 1(1)

92/54/EEC Where the vehicle is found to be defective with regard to the test items below, the competent authorities in the Member States shall adopt a procedure for setting the conditions under which the vehicle may be used before passing another roadworthiness test.

-. - - • • • / • •

However, Member States should take care that vehicles not meeting the

minimum provisions regarding braking systems and emissions shall not

circulate on roads.

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VEHICLES IN CATEGORIES 1, 2, 3, 4, 5 AND 6

1. BRAKING SYSTEMS Article 1(1)

- 92/54/EEC The following items are to be included in the roadworthiness test of vehicle braking systems. The test results achieved during the checks of the braking systems shall be equivalent as far as is practicable to the technical (=» heading 1 requirements of Directive 71 /320/EEC. Annex II

77/143/EEC)

Items to be checked/tested Reasons'for failure Article 1(1)

1.1. Mechanical condition and opcrarion _ _ 92/54/EEC (*)

1.1.1. Footbrake pedal pivot — too tight Article 1(1)

— bearing worn 92/54/EEC (*)

— excessive wear/play;

Article 1(1) „ , _ „ • • j - - J „ ,_i„f,u_ — excessive'or insufficient reserve travel 1.1.2. Pedal condition and travel of the , 92/54/EEC (*)

•"": . -•--•;-•- — brake control not releasing correctly brake operating device & J

— anti-slip provision on .brake pedal missing, loose or worn

•--• - Article 1(1) l . i . 3 . Vacuum pump or compressor — time taken to build up air pressure/vacuum for the effective

Tand reservoirs I " operation of the brakes is excessive 92/54/EEC (*)

— irfsufficientair pressure/vacuum to give assistance for at least two applications of the brake after the warning device has operated (or gauge shows unsafe reading)

— air leak causing a noticeable drop in pressure or audible air leaks;

1.1.4. Low pressure warning indicator — malfunctioning or defective low pressure indicator/air Article 1(1) or gauge pressure gauge;

. • _.._?.__?-._..___.._ 92/54/EEC (•)

1.1.5. Hand operated brake controlvalve j _ cracked or damaged control, excessive wear Article 1(1)

i_ - c t i 92/54/EEC (*)

— malfunction of control valve

— control insecure on valve spindle or valve unit insecure

— connections loose or leak in system

— unsatisfactory operation; — parking brake ratchet not holding correctly .

1 1 6 Parking brake, lever control, . A * 1 ^ UU " — excessive wear at lever pivot or ratchet mechanism

parking brake ratchet , . . . 92/54/EEC (•) r* *» — excessive movement of lever indicating incorrect

adjustment; ———_--——_——————————__-————_—_———— m *

1.1.7. Braking valves (foocvalvcs, — damaged, excessive air leakage Article 1(1)

unloaders. governors etc.) — «cessivc discharge of oil from compressor 92/54/EEC (•) — insecure/inadequate mounting

— discharge of hydraulic brake fluid;

1 1 1 j

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Items to be checked/tested Reasons for failure

1.1-8. Couplings for trailer brakes ~ ***"*< i S ° ' a t i ° n " P S ° r ^ " ' ' " S valve — insecure/inadequate mounting Article 1(1) — excessive^leaks; 92/54/EEC (*)

1.1.9. Energy storage reservoir pressure __ damaged, corroded, leaking Article 1(1) t a n k — drain device inoperative 92/54/EEC (•)

— insecure/inadequate mounting;

1.1.10. Brake servo units, master cylinder — servo unit is defective or ineffective

(hydraulic systems) — master cylinder defective or leaking 92/54/EEC (*)

— master cylinder insecure

— insufficient quantity of brake fluid

— master cylinder reservoir cap missing

— brake fluid warning light illuminated or defective

— incorrect functioning of brake fluid level warning device;

1.1.11. Rigid brake pipes « — risk o f f a i l u r c o r &»«««« A r t i c l e 1 ( 1 )

^ — leaks from pipes or connections to couplings 92/54/EEC (*)

— damaged or excessively corroded

— misplaced;

i T t V ci ui u""i,' u ,'-_, — risk of failure or?racture Article 1(1) 1.1.12. Flexible brake hoses

— damaged, chafing, brake hoses too short, twisted 92/54/EEC (*)

— leaks from hoses or couplings

— hose bulging under pressure

— porosity;

1.1.13. Brake coverings (lining spads) - excessive wear Article 1(1)

• - • • - • — contaminated (oil, grease, etc.); 92/54/EEC (•)

1 1.14. Brake drums/brake discs ~ *xccss iv<; w c a r - «cessive scoring, cracks, insecure or ^ ^ m

fractured — contaminated (oil, grease, etc.) 92/54/EEC (*)

— back plate insecure;

1.1.15. Brake cables, rods, levers linkage _ c M a d a m a g c d k n o t t c d ^ ' ^ I ( 1 )

92/54/EEC (•)

— excessively worn or corroded

— cable or rod joint insecure

— cable guide defective

— any restriction to free movement of the brake system — any abnormal movement of Icvers/rods/Iinkagc indicating

maladjustment or excessive wear;

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Items to be checked/tested Reasons for failure

1.1.16. Brake actuators (including spring — cracked or damaged

brakes or hydraulic wheel - l e a k i n g Article 1(1)

cylinders) — insecure/inadequate mounting 92/54/EEC (*)

— excessively corroded

— excessive travel of operating piston or diaphragm mechanism

— dust protection cover missing or excessively damaged;

, — defective linkage Article 1(1) 1.1.17. Load sensing valve

— incorrect adjustment 92/54/EEC (*) — seized, not working — missing;

1.1.18. Automatic slack adjusters — seized or abnormal movement, excessive wear.or wrong Article 1(1)

indicating adjustment 92/54/EEC (•) — defective;

1.1.19. Retarder system (where fitted or — insecure connectors or mountings Article 1(1)

required) j Jt _ defective; 92/54/EEC (*)

1.2. Service brake performance and Article 1(1)

efficiency J 92/54/EEC (•)

TiuPerfbrrnanCeT-r-r ~_ ^ ^ ^ ^ " g *&**''«*• "*** ** more ~^TX

(progressively increased 94/23/EC (*) to maximum effort) — Braking effort from any wheel is less than 70 %

of the highest recorded effort from another wheèion the same axle. In the case of brake testing on thé road then the vehicle's deviation frpni a straight line is excessive

— No gradual variation of brake effort (grabbing)

— Abnormal time lag in brake operation at any wheel

— Excessive fluctuation of brake effort due to ' - - distort discs'-or oval drums ____^L^^_=_______=___

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Items to be checked/tested

1.2-2. Efficiency

Reasons for failure

A braking ratio which relates to the maximum authorized mass or, in the case of semi-trailers, to the sum of the.authorized axle loads where practicable, less, than the following : •

Minimum braking. efficiency " (7)~~" Category!. : .SO. %

, Category ; 2 > v 4 3 %

Category 3 :'40 %

Category 4 :;;S0.%

,Category ;5 -:/.4$%.

Category; 6: 50:%r

•^ralbrakîrig ëffô'rt. less than the reference values vif ; specified b y ^ .Vehicle axle 1

(11)

(8)

(?)

(10)

Article 1

94/23/EC (•)

1.3. Secondary (emergency) brake performance and efficiency (if mcTby "separate system)-

Article 1(1)

92/54/EEC (•)

1.3.1. Performance l — brakefs) inoperative on one side

j — braking effort from any wheel is less than 70 % of the highest ' recorded effort from another wheel on the same axle

— no gradual variation of efficiency (grabbing)

— automatic brake system not working in the case of trailers

Article 1(1)

92/54/EEC (*)

^ 3 _ ^ E f f i c i e n c y Article 1

94/23/EC (•)

(7)

(8)

(9)

(10)

(11)

(12)

48 % for Category 1 vehicles not fitted̂ with ÀBS, or typé approved before 1 October. 1991 (date of prohibition of first putting into circulation'without European component type-approval) (Directive 88/194/EEC (OJ No L 92, 9. 4. 1988. p^47))- iV> -; '...• v . ; :.

4 5 % for the vehicles registered after l988/:pr; frpta the.date -of adoption -of the type-approval Directive 71/320/ÈEC, as amended by Directive 8Jt647/HE: (O J No L 380,. 3 L12 . 1985, p. 1), within the Member States* national ' leg—ladon; "whichever is thé later. .

4 3 % for semi-trailers and draw bar trailers "registered after 1988 or from the date of adoption of. the type approval Directive 71/320/EEQ as amended by Directive 85/647/EEC, within the Member States' national legislation, whichever is the later.

50% for Category ,5 vehicles registered after 1988 of from'the daté "of adoption'of the type approval Directive 71/320/EEQ as amended by Directive 85/647/EEC; within the Member States' national legislation, whichever is the later. „ .-.: .'-•••- •'-.-'•. ?•'

The reference, value for the vehicle axle is the braking effort (expressed in Newtons) necessary to achieve this, minimum prescribed braking forcé at the particular weight that, the, vehicle is. presented. . , •' •' -'-'."".".'- •" -. . '• •••''• •;'- - '

. For Categories 2 and 5 vehicles the : minimum' secondary brake'performance will be .2j_m/s' (as the secondary brake performance was-not affected by Directive 85/647/EEC)..-

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Items to be checked/tested Reasons for failure

• 1.4. Parking brake performance and

efficiency Article 1(1)

92/54/EEC (•)

1.4.1. Performance — brake inoperative on one side Article 1(1)

92/54/EEC (•)

1.4JL Efficiency "\ — F o r a l 1 v e h i c l e categories, a braking ratio less Article 1 than 16 % in relation to the maximum autho­rized mass, or, for motor vehicles, less than 94/23/EC (*) 1 2 % in relation to the maximum authorized combination mass of the vehicle, whichever is greater.

1,5. Retarder or exhaust brake system _ n Q g r a d u a l v a r i a n o n c f efficiency (retarder) Article 1(1)

^ ™ * n a ! . J ' -defective;- 92/54/EEC (•)

1.6. Anri-Iock braking ; — malfunction of the anti-lock warning device Article 1(1)

'""'• —defective'. 92/54/EEC (•)

J

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VEHICLES IN "CATEGORIES VEHICLES IN CATEGORIES (**)

1, 2 AND 3 4,5 AND 6

2. STEERING AND STEERING WHEEL 2 STEERING A r t i d C 1 ( 3 )

88/449/EEC (•)

2.1. Mechanical condition - . . . . - , * 5 i K* u • i _• • A m c l e 1 C 3 ) Z. 1. Mechanical condition

2.2. Steering play 88/449/EEC (*) 2.2. Steering wheel

2.3. Steering system attachment 2.3. Steering play

2.4. Wheel bearings 3 . VISIBILITY 3. VISIBILITY Article 1(3)

—- 88/449/EEC (*)

: 3 .1 . • Field of vision 3.1. Field of vision Article 1(3)

3.2. Condition of glass 3.2. Condition of glass 88/449/EEC (*)

3.3. Rear-view mirrors - 3.3. Rear-view mirrors

3.4. Windscreen wipers 3.4. Windscreen wipers

. 3.5. Screenwashers ' .3.5. Screenwashers ;

4. AAMr^iREFLECXORS.. AND . ' I G H T I N G EQUIPMENT Article 1(3) ' ELECTRICAL, EQUIPMENT ~ :- '

4 \ L K J " . ° ^ . . . . _. . . ; r - !--— 88/449/EEC (•)

. ' 4 . 1 . :. Main and dipped-beam headlamps -I 4 .1 . Main and dippcd-beam headlamps Article 1(3)

: : . ' 4 . 1 . ï l ^ o n d ï n b ^ . a ^ 4.1.1. Condition and operation 88/449/EEC (*) • t A ^ v ' ^ - ^ - ^ : i ' ; - î ï x _ ^ ^ < ^ i ^ ^ - ^ - > '-\"- ; " •'• S; 1 • •• ' i ' • • - . • ' \U: l :2??Alignmènèi0!^;^^ ' : : '; :•-.-*:;'"! ; 4.1.2. Alignment i.-t; ..••.• . . : i , . . ^ ..^X^'^v^f-.s- w : - • • . " » • ' •. •<• ••' -'; 4^1.3. Swi tches;^ '?: v - - 4.1.3. Switches

4.1.4., Visual efficiency

•4.2. Side lamps and end-outline marker lamps 4.2. Condirion and operation, condition of lenses. Article 1(3)

| ; C colour and visual efficiency of: 88/449/EEC (*)

U .2 . I . Condition and operation >> 4 . 2 . 1 . Side and rearVmps

4.2.2. Colour and visual efficiancy 4.2.2. Stop lamps

4.2.3. Direction-indicator lamps

4.2.4. Reversing lamps

4.2.5. Fog lamps

4.2.6. Registration plate lamps

4.2.7. Reflex reflectors

4.2.8. Hazard warning lamps

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VEHICLES IN CATEGORIES VEHICLES IN CATEGORIES (**)

1, 2 AND 3 4,5 AND 6

4.3. Stop lamps . Article 1(3)

4.3.1. Condition and operation 88/449/EEC (•)

4.3.2. Colour and visual efficiency

} -i •;:: Article 1(3) • .4. . Direction-indicator lamps'

1 :^:-/'^::^;•<;..•••.•.- -.. ; : v . , i ; , 8 8 / 4 4 9 / E E C (*)

4.4.1:- Condition and operation ; :

4.4.2. Colour and visual efficiency.

•.",'4.4.3;; "Switches -.-. 4r4.;4.VFlashing frequency -.

^ ï î f f T r o n t and rear foglatn>s'^ ***** l®

'v'.^-^'2i.CQnditi6n<ahdjbMràtioh;i>':^ï

:2._£5i__^]?^Ian^^î_îL_:^^€"<iïr'^

! 4.6; _"'". jR^^inglamps^ "'" " ~ '"'"'• Alûclc 1<3)

4.6.1. Condition and operation • . 88/449/EEC (•)

; 4.6.2. Colour and visual efficiency

, , Article 1(3) 4.7. Rear registration plate lamp

88/449/EEC (•)

; 4.8. Reflex reflectors 1 Article 1(3) — Conditon and colour -,

— -— 88/449/EEC (•)

| : ÂV." Tell-tales! Article 1(3)

88/449/EEC (*)

~~V.lOi Electrical connections between tractor Article 1(3)

vehicle andTrailer or scTuNtraïléF ' 88/449/EEC (•)

4.11 Electrical wiring Article 1(3)

88/449/EEC (•)

5 AXLES, WHEELS, TYRES, SUSPENSION 5. AXLES, WHEELS, TYRES, SUSPENSION Article 1(3)

88/449/EEC (*)

Article 1(3) 5 I. Axles 5.1. Axles

88/449/EEC (•)

Article 1(3) 5.2. Wheels and tyres 5.2. Wheels and tyres 88/449/EEC (•)

Article 1(3) 5.3. Suspension 5.3. Suspension

K 88/449/EEC (•)

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VEHICLES IN CATEGORIES VEHICLES IN CATEGORIES (**)

1, 2 AND 3 4,5 AND 6

6. CHASSIS AND CHASSIS ATTACHMENTS* 6. CHASSIS AND CHASSIS ATTACHMENTS Article 1(3)

88/449/EEC (*)

6.1. Chassis or frame and attachments 6.1.' Chassis or frame and attachments Article 1(3)

6.1.1. General condition 6.1.1. General condition 88/449/EEC (*)

6.1.2. Exhaust pipes and silencers 6.1.2. Exhaust pipes and silencers

6; i .3. Fuel tank and pipes ... . _ 6.1.3. Fuel tank and pipes 6.1.4. Géométrie jproperties and condition of

r'Ç**j protective :

device, heavy lorries 6.1.4. Spare wheel carrier

6.1.5. Spare wheel carrier

6.1.6. Coupling mechanism on tractor vehicles, 6.1.5. Security of coupling mechanism (if fitted)

trailers and semi-trailers

Article 1(3) 6.2. Cab and bodywork 6.2. Bodywork

' , . _ . .. . ' . , c : .- . . . 88/449/EEC (•)

6.2.1. General condition 6.2.1. Structural condmon

6.2.2. Mounting 6.2.2. Doors and locks

6.2.3. Doors and locks

6.2.4. Floor

6.2.5. Driver's seat

6.2.6. Running boards

".'•:.•'• '*. — . . - . _ . _ , Article 1(3) , „„ • : • • • - • • 7. OTHER EQUIPMENT

7. OTHER EQUIPMENT . L .: .V. ,_-_... • 88/449/EEC (*)

. , . , 7.1- Mounting of driver's scat Article 1(3) 7 I. Safety belts .••••..•.••.,*.•;.• .

88/449/EEC (*)

7.2. Fire extinguisher 7.2. Mounting of battery article 1(3) 88/449/EEC (*)

. . . Article 1(3) 7 3 Locks and anti-theft device 7.3. Audible warning device i.i. LOCKS 88/449/EEC (•)

I' ' ' I

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VEHICLES IN CATEGORIES VEHICLES IN CATEGORIES (**)

1, 2 AND 3 4,5 AND 6

. ' • ' . ' • . ' Article 1(3) 7 .4 . Warning triangle 7 .4 . Warning triangle

88/449/EEC (*)

7 . 5 . First-aid kit 7 - * : Safety"belts Article 1(3)

•y c i c ' • c 88/449/EEC (•)

7 . 5 . 1 . Security of mountings v '

7 .5 .2 . Condi t ion of belts .

">7.5.3.:: Opera t ion 'V.v; .^ : '"?•' '

7 .6 . Wheel chock(s) Article 1(3)

88/449/EEC (*)

7 .7 . Audible warning device Article 1(3)

88/449/EEC (*)

7 .8 . Speedometer Article 1(3)

88/449/EEC (•)

7 .9 . Tachograph (presence of, and integrity Article 1(3)

of sea l s ) ; 88/449/EEC (•)

- check validity'of tachograph plate if

required by Council Regulation (EEQ N'

3821/85"

- check whether tyre nominal circumference "

matches the data given on the tachograph

plate if required

- where practical, check that the seats of the

tachograph and, where appropriate, any

other means of protecting the connections

against fraudulent manipulation are intact

13 Council Reguladon (EEQ N' 3821/85 of 20 December 1985 on recording equipment in road transport (OJ N' L 370,

31.12.1985. p. 8. Last amended by Commission Regulation (EEQ N' 3688/92 (OJ N' L 374. 22.12.1992, p. 12).

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VEHICLES IN CATEGORIES VEHICLES IN CATEGORIES (**)

1, 2 AND 3 4,5 AND 6

7.10. Speed limitation device

- where possible, check whether speed

limiter is fitted if required by Directive

92/6/EECf4

- check validity of speed limiter plate

- where practical, check that the seals of the

speed limiter and, where appropriate, any

other means of protecting the connections

against fraudulent manipulation are intact

Article 1(3)

j 8. NUISANCE 8. NUISANCE 88/449/EEC (•) i "

I , Article 1(3) I 8.1. No.se 8.1. Noise

88/449/EEC (*)

14 Council Directive of 10 February 1992 on the installation and use of speed limitation devices for certain categories of motor vehicles in the Community (OJ N' L 57 of 2.3.1992. p. 27).

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VEHICLES IN CATEGORIES 1, 2 , 3 , 4 , 5 and 6

8.2. Exhaust emissions Article 1(1)

92/55/EEC (•)

8 .2 .1 . Motor vehicles equipped with positive-ignition (petrol) engines

(a) where the exhaust emissions are not controlled by an advanced emission control system such as a three-way catalytic converter which is lambda-probe controlled.

1. Visual inspection of the exhaust system in order to check that there arc no leakages.

2 . If appropriate, visual inspection of the emission control system in order to check that the required equipment has been fitted.

After a reasonable period of engine conditioning (taking account of the vehicle manufacturer's recommendations) the carbon monoxide (CO) content of the exhaust gases is measured when the engine is idling (no load).

The maximum permissible CO content in the exhaust gases is that stated by the vehicle manufacturer. Where this information is not available or where Member States' competent authorities decide not to use it as a reference value, the CO content must not exceed the following:

— for vehicles registered or put into service for the first time between the date from which Member States required the vehicles to comply with Directive 7 0 / 2 2 0 / E E C fâ and 1 October 1986:

CO — 4 , 5 vol %,

— for vehicles registered or put into service for the first time after 1 October 1986:

CO — 3r5vol%, -.r'./<r

(b) where the exhaust emissions are controlled by an advanced emission control system such as a three-way catalytic converter which is lambda-probe controlled.

1. Visual inspection of the exhaust system in order to check that there are no leakages and that all -parts arc complete.

2 . Visual inspection of the emission control system in order to.chcck that the required equipment has been fitted.

3 . Determination of the efficiency of the vehicle's emission control system by measuring the lambda value and the CO content of the exhaust gases in accordance with Section 4 or with the procedures proposed by the manufacturers and approved at the time of type-approval. For each of the tests the engine is conditioned in accordance with the vehicle manufacturer's recommendations.

4 . Exhaust pipe emissions — limit values

— Measurement at engine idling speed:

The maximum permissible CO content in the exhaust gases is that stated by the vehicle manufacturer. Where this information is not available, the maximum CO content must not exceed 0,5 vol%.

— Measurement at high idle speed, engine speed to be at least 2 000 " ~*̂ ' •"

CO content: maximum 0,3 vol %

Lambda: 1 + / — 0,03 or in accordance with the manufacturer's specifications.

Article 1(1)

92/55/EEC (*)

new unity

15 Council1 Directive 70/220/EECof 20 March 1970 on the approximation of the laws of the Member States relating to measures to be taken against air pollution by

emissions from motor vehicles (OJ No L 76. 9. 3. 1970. p. 1 ) + corr. OJ L 81,11.4.1970, p. 15). Last amended by the European Parliament and Council Directive 94/I2/EC(OJ N' L100.19.4.1992. p. 42).

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VEHICLES IN CATEGORIES 1, 2, 3, 4, 5 AND 6

8.2.2. Motor vehicles equipped with compression ignition (diesel) engines

Measurement of exhaust gas opacity with free acceleration (no load from idling up to cut-off speed). The level of concentration must not exceed the level recorded on the plate pursuant to Direcuve 72/3067 EEC j j , ,^

Where this information is not available or where Member States' competent

authorities decide not to use it as a reference, the limit values of the co-efficient of absorption are as follows:

Maximum co-efficient of absorption for:

— Naturally aspirated diesel engines = 2,5 m - ',

— Turbo-charged diesel engines = 3,0 m _ I , -

. or equivalent values where use is made of equipment of a type different from that used for EEC ; ; type-approval.

Vehicles registered or put into service for the first rime before 1 January 1980 are exempted from these requirements.

8.2.3. Test equipment

Vehicle emissions are tested using equipment designed to establish accurately whether the limit values prescribed or indicated by the manufacturer have been complied with.

Article 1(1)

92/55/EEC (*)

Article 1(1)

92/55/EEC (*)

8.2.4. Where, during EEC type-approval, a type of vehicle is.found not to have satisfied the limit values laid down by this Directive, the Member States may lay down higher limit values for that type of vehicle on the basis of proof supplied by the manufacturer. They must inform the Commission thereof forthwith and it in turn will inform the other Member States.

Article 1(1)

92/55/EEC (•)

/ jg ) Council Directive 72/306/EEC of 2 August 1972 on the approximadoa of the laws of the Member States relating to the measures to be taken against the emission of pollutants from diesel engines for use in vehicles (OJ No L 190,20.8.1972,p. 1). Last amended by Commission Directive 89/491 /EEC (OJ No L 238,15. 8. 1989,_p. 43).

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VEHICLES IN CATEGORIES VEHICLES IN CATEGORIES (**)

1, 2 AND 3 4, 5 AND 6

n , , r ,. . "","'" Article 1(3) 8.3. Suppression of radio interference

88/449/EEC (•)

_. Article 1(3) 9. SUPPLEMENTARY TESTS FOR PUBLIC

'TRANSPORT .VEHICLES 88/449/EEC (*)

9.1. Emergency exit(s)^ (including A r t i c l e 1v3) hammers for ' breaking 88/449/EEC (*)

windows), signs indicating emergency exit(s)

9.2. Heating system Article 1(3)

88/449/EEC (*)

9.3. Ventilation system A ^ 1 * 1(3)

~ 7 ~ "~ 88/449/EEC (*)

: " <- i . Article 1(3) ; 9.4. Scat lay-out ; — — — . — ' 88/449/EEC (*)

[ ^ " ^ n T e r i o r lighting | A r t i c l e . 1<3> ___ _____—__-!—.—' ;" 88/449/EEC (*)

.... .__..._..._.. Article 1(3) jlO. VEHICLE IDENTIFICATION : 10. VEHICLE IDENTIFICATION 88/449/EEC (•

.~~ "~~::"."'l-.:r~ •--;—- - Article 1(3) 10 1. Registration number plate 10.1. Registration number plate • :Z-~.•'•- 88/449/EEC (*)

, „ - —, '. " , ' . . Article 1(3) ' 10.2. Chassis number ~ 10.2. • Chassis number >

' : _ " ! 88/449/EEC (•)

(*) «» under the same point of Annex II, Directive 77/143/EEC modified.

(**) The items to be checked/tested for category 4 (taxis and ambulances) are listed in the left column of Annex II, Directive

77/143/EEC.

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ANNEX m Part A

Repealed Directives

(referred to in Article 10)

Council Directive 77/143/EEC on the approximation of the laws of the Member States relating

to roadworthiness tests for motor vehicles and their trailers and its successive amendments :

Council Directive 88/449/EEC

Council Directive 91/225/EEC

- Council Directive 91/328/EEC

Council Directive 92/54/EEC

- Council Directive 92/55/EEC

Commission Directive 94/23/EC.

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ANNEX ITT. Part B

Directive Deadlines

for transposition for implementation

77/143/EEC (OJ No. L 47, 18.2.1977, p. 47)

88/449/EEC (OJ No. L 222, 12.8.1988, p. 10)

91/225/EEC (OJ No. L 103, 23.4.1991, p. 3)

91/328/EEC (OJ No. L 178, 6.7.1991, p. 29)

92/54/EEC (OJ No. L 225, 10.8.1992, p. 63)

92/55/EEC (OJ No. L 225, 10.8.1992, p. 68)

31 December 1977

27/28 July 1990

1 January 1992

1 July 1993

21/22 June 1993

21/22 June 1993

for the vehicles referred to in section 8.2.1(a) of Annex n : for the vehicles referred to in section 8.2.2 of Annex II : for the vehicles referred to in section 8.2.1 (b) of Annex n :

94/23/EC (OJ No. L 147, 14.6.1994, p. 6)) 1 January 1997

31 December 1977

27/28 July 1990

1 January 1992

1 July 1993

21/22 June 1993

1 January 1994 1 January 1996 1 January 1997

1 January 1997

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ANNEX IV

JB/hv/roadann1 CORRELATION TABLE No. 1

This Directive 77/143/EEC 88/449/EEC 91/225/EEC 91/328/EEC 92/54/EEC 92/55/EEC 94/23/EC

/

Art. 1 (1) Art. 1 (2) Art. 2 Art. 3 (1) - 1st par Art. 3 (1) - 2nd par Art. 3 (2) Art. 3 (3) Art. 4(1) Art. 4 (2) Art. 4 (3) Art. 5

(1-6 indent) Art. 5 (7 indent) Art. 6(1) Art. 6 (2) Art. 7 (1-2) Art. 8 (1-4) Art. 9 (1) Art. 9 (2) Art. 10 Art. 11 (1) Art. 11 (2) Art. 12 Art. 13

Art. 1 Art. 2(1) Art. 4 Art. 5(1) Art. 5 (2) Art. 5 (3)

Art. 2 (2) Art. 2 (3)

Art. 3

Art. 7(1)

Art. 6

Art. 8

Art. 1 (1)

Art. 2 (1) Art. 2 (2)

Art. 3

Art. 1 Art. 1

Art. 2(1) Art. 2 (2)

Art. 3

Art. 1 (1)

Art. 3

Art. 2(1) Art. 2 (2)

Art. 4

Art. 2(1) Art. 2 (2)

Art. 3

Art. 2 ( 1 - 3 ) Art. 2 (4)

Art. 3

Art. 2

Art. 4

Art. 3

Art. 5 (1) Art. 5 (2)

Art. 6

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JB/hv/roadann2 CORRELATION TABLE No. 2

This Directive 77/143/EEC 88/449/EEC 91/225/EEC 91/328/EEC 92/54/EEC 92/55/EEC 94/23/EC

•C 0 I

Annex I

category 1 category 2 category 3 category 4 category 5 category 6

Annex I

category 1 category 2 category 3 category 4

Art. 1 (2) Art. 1 (2)

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CORRELATION TABLE No. 3 JB/hv/roadann3

This Directive 77/143/EEC 88/449/EEC 91/225/EEC 91/328/EEC 92/54/EEC 92/55/EEC 94/23/EC

I

-C

I

Annex II C) intr. note (1) intr. note (2) intr. note (3) intr. note (4)

point 1 • point 1.2.

point 1.2.1.-point 1.2.2.

Point 1.3.-point 1.3.1.

Point 1.3.2.

Point 1.4.-point 1.4.1.

Point 1.4.2.

Point 1.S.-Point 1.6.

Point 2 • Point 7.8

Point 7.9 ( 1 - 3 indent)

Point 7.10 ( 1 * 3 indent)

Point 8 -Point 8.1.

Point 8.2. -Point 8.2.4.

Point 8.3. -Point 10.2.

Annex II intr. note (1)

Art. 1 (3)

Art. 1(3)

Art. 1 (3)

Art. 1 (1) Art. 1 (1)

Art. 1 (1)

Art. 1 (1)

Art. 1 (1)

Art. 1 (1)

Art. 1

Art. 1

Art. 1

Art. 1 (1)

Art. 1 (3)

(•) N.B. : Category 4 (taxis and ambulances) is transferred from the left column to the right one (with categories 5 & 6) in Annex II.

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ISSN 0254-1475

COM(95) 415 final

DOCUMENTS

EN 07 06

Catalogue number : CB-CO-95-457-EN-C

ISBN 92-77-93028-4

Office for Official Publications of the European Communities

L-2985 Luxembourg